July 23, 2019

SEC Staff Issues No-Action Letter Providing Relief for Multi-Manager Funds with Respect to Shareholder Approval Requirement for Affiliated Sub-Advisers

On July 9, 2019, the SEC staff granted no-action relief under Section 15(a) of the Investment Company Act of 1940 and certain disclosure requirements, which relief provides additional flexibility to multi-manager funds and investment advisers operating under an existing multi-manager exemptive order, without having to seek amendments to their current…

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July 23, 2019

SEC Adopts Amendments to Auditor Independence Rules Regarding Loans

On June 18, 2019, the SEC adopted amendments to its auditor independence rules that change the analysis used to determine whether an auditor is independent when it has a lending relationship with certain shareholders of an audit client during an audit or professional engagement period. The amendments help to address…

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July 23, 2019

ICI Submits Comment Letter to SEC Recommending Ways to Improve the Proxy Voting System

In connection with the Proxy Roundtable hosted by the SEC in November 2018, on June 11, 2019, the Investment Company Institute (ICI) submitted additional recommendations for improving the proxy system for funds and shareholders. In its comment letter, the ICI described aspects of the proxy process that have proved to…

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June 11, 2019

SEC Adopts New Rules and Interpretations for Investment Advisers and Broker-Dealers

On June 5, 2019, the Securities and Exchange Commission (SEC) adopted a set of rulemakings and interpretations governing the duties investment advisers and broker-dealers have to their clients. The SEC adopted four items: Regulation Best Interest; a new Form CRS Relationship Summary; an interpretation under the Investment Advisers Act of…

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June 11, 2019

SEC Approves Precidian’s Non-Transparent, Active ETFs

On May 20, 2019, the Securities and Exchange Commission (SEC) granted exemptive relief under the Investment Company Act of 1940 for Precidian Investments’ non-transparent actively managed exchange-traded funds (ETFs). The exemptive relief permits registered open-end investment companies that are actively managed ETFs to operate without being subject to the current…

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May 30, 2019

SEC’s Division of Corporation Finance Provides Guidance to Broker-Dealers on Delivery of Mutual Fund Prospectuses to Clients of Discretionary Investment Advisers

On April 11, 2019, the Securities and Exchange Commission’s Division of Corporation Finance (Division) provided guidance to broker-dealers with respect to delivery of mutual fund prospectuses to clients of discretionary investment advisers. The Division stated that, for purposes of Section 5(b)(2) of the Securities Act of 1933, it is of…

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April 24, 2019

SEC Staff Issues Liquidity FAQ on Extended Holiday Closures

On April 10, 2019, the SEC staff (Staff) prepared new FAQ #34 under its Investment Company Liquidity Risk Management Programs Frequently Asked Questions to address the treatment of securities that trade in markets closed for extended holidays (e.g., Chinese New Year) with respect to requirements under Rule 22e-4 under the…

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April 24, 2019

SEC Staff Grants No-Action Relief Under Section 15(a) of the 1940 Act

On April 15, 2019, the SEC staff (Staff) granted no-action relief  under Section 15(a) of the Investment Company Act of 1940 (the “1940 Act”) to allow investment advisers (Advisers) to certain series (Funds) of the Quaker Investment Trust (the “Trust”) to continue to serve as investment…

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April 24, 2019

SEC’s Office of Compliance Inspections and Examinations Issues Risk Alert Highlighting Compliance Issues Related to Regulation S-P

On April 16, 2019, the Securities and Exchange Commission’s Office of Compliance Inspections and Examinations issued a risk alert on compliance issues related to Regulation S-P. Seward & Kissel has recently prepared a memorandum “Investment Adviser and Broker-Dealer Compliance Issues Related to…

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April 8, 2019

SEC Adopts Amendments to Modernize and Simplify Disclosure for Investment Companies and Investment Advisers

On March 20, 2019, the Securities and Exchange Commission ("SEC") adopted amendments to modernize and simplify certain disclosure requirements in Regulation S-K and related rules and forms, as mandated by the 2015 Fixing America's Surface Transportation Act.

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